| IN THE MATTER OF THE APPLICATION OF ANNA JIMMESON FOR THE APPOINTMENT OF A GUARDIAN FOR HARRY L. H. AN ALLEGED |
| Motion No: CA 09-00946 |
| Slip Opinion No: 2009 NY Slip Op 72911(U) |
| Decided on May 18, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00946
| IN THE MATTER OF THE APPLICATION OF ANNA JIMMESON,
PETITIONER-RESPONDENT, FOR THE APPOINTMENT OF A GUARDIAN FOR HARRY L. H., RESPONDENT, AN ALLEGED INCAPACITATED
PERSON. KELLY A. REED, COMMISSIONER OF THE MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,
APPELLANT. |
Respondent having moved to vacate the automatic stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 22, 2009, pending the hearing and determination of the appeal taken herein, and appellant having cross-moved for a discretionary stay in the event that the automatic stay is vacated,
Now, upon reading and filing the affidavit of Rene H. Reixach sworn to May 6, 2009,
the notice of motion with proof of service thereof, the opposing affidavit of Shela F. Giess sworn to May 12, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of Stanley A. Gordon sworn to May 15, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary (see Crumb v Rodgers, 234 AD2d 1015 [1996]; Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13, 15 [1996]), and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: May 18, 2009
Patricia L. Morgan, Clerk